SCHEDULES

SCHEDULE 9PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

Application

35.

(1)

For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

(2)

Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 44 (consent to transfer benefit of Order)—

(a)

any agreement of the type mentioned in sub-paragraph (3) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b)

written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3)

Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 45(3)(b)).